Legal Opinion

J. Russell Manufacturing Co. v. New Haven Steamboat Co.

New York Court of Appeals

Decided November 12, 1872PublishedCited by 41 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant entered upon a verdict. This action was brought against defendant, as a common carrier, to recover damages for the loss of a quantity of cutlery destroyed by fire, upon defendant’s wharf, in the city of Rew York. The facts sufficiently appear in the opinion. At the close of the evidence the court directed a verdict for defendant.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant entered upon a verdict. This action was brought against defendant, as a common carrier, to recover damages for the loss of a quantity of cutlery destroyed by fire, upon defendant’s wharf, in the city of Rew York. The facts sufficiently appear in the opinion. At the close of the evidence the court directed a verdict for defendant. The liability of a common carrier as insurer continues until the goods are delivered or a reasonable time for examination and…

1Opinion of the CourtRapallo, J.

The facts appearing upon the trial were, that the plaintiff was a company engaged in the manufacture of cutlery at Greenfield, Massachusetts, having an agency in the city of 27ew York for the sale of its products. That for some years previous to the occurrence, out of which this action arose, it had been in the habit of sending its products to its agent at 27ew York via 27ew Haven, their transportation from the latter place to 27ew York being performed by the defendant, by means of a line of steamboats operated by it. That this line plied daily and regularly between 27ew York and New Haven,…

2Cases cited3 opinions

  1. Stokes v. SaltonstallSupreme Court of the United States · 1839
  2. Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
  3. Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871

3Cited by41 opinions

  1. Morejon v. Rais Construction Co.New York Court of Appeals · 2006
  2. Stewart v. . StoneNew York Court of Appeals · 1891
  3. Seybolt v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
  4. Ouderkirk v. Central National BankNew York Court of Appeals · 1890
  5. Fleischman, Morris & Co. v. Southern Ry.Supreme Court of South Carolina · 1907

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